Stanley Mazurczyk v. Chelmsford, Town of - Chief Assessor (SPR 20170795)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords June 15,2017 SPR17/795 FrankReen Chief Assessor Town of Chelmsford 50 Billerica Road Chelmsford, MA 01824 Dear Mr. Reen: I have received the petition of Stanley Mazurczyk appealing the response of the Town of Chelmsford (Town) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Mazurczyk requested "copies of denied abatement applications for FY17." Mr. Reen, the Chief Assessor, denied his request, claiming that the responsive records "were confidential." Mr. Mazurczyk appealed this denial and this appeal was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lOA( d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical fo~ or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 1O (b )(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1 O(b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

FrankReen SPR17/795 Page2 June 15, 2017 To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://ww-vv.sec.state.ma.us/pre/prepdf/guide.pdf. Public Records Division attorneys are available during regular business hours to answer general questions regarding the Public Records Law. In addition, Public Records Division staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact the Public Records Division directly at the telephone number provided in this determination for further information. The Town states that the responsive "[a]batement applications are not subject to public inspection" because such "applications for abatement are confidential." However, it is unclear based on the Town's response what exemption the Town is claiming the records fall within. The custodian has the burden of establishing the applicability of an exemption. Flatley, 419 Mass. at 511. Consequently, the Town has not met its burden in demonstrating that the abatement applications are exempt from public disclosure under the Public records Law. G. L. c. 66, § 1O (b )(iv). Conclusion Accordingly, Mr. Reen is hereby ordered to provide Mr. Mazurczyk with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre\a{sec. state.ma. us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Stanley Mazurczyk